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To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

The National Federation of Federal Employees, Local 2050
(Union) has filed a petition for review of negotiability issues in the
above-referenced case. On May 18, 1989, the Authority directed the Union to
show cause why its negotiability appeal should not be dismissed for failure to
present a negotiability dispute which can be addressed by the Authority under
section 7117 of the Federal Service Labor-Management Relations Statute. The
Union timely filed a response to the Order.

On April 4, 1989, the Union requested the Environmental
Protection Agency (Agency) to provide a written allegation of nonnegotiability
on four proposals. The memorandum concluded by stating, "If we do not receive
your written response to this request within [10 days of receipt of the
memorandum], this Union will file a petition of review with the appropriate
authority." The Agency's written response, dated April 13, 1989, stated that
"[w]e will discuss/negotiate these proposals at the next scheduled LMC." The
Agency's response does not declare the Union's proposals to be nonnegotiable.
In response to the Authority's Show Cause Order, the Union states that Proposal
3 was "orally declared" nonnegotiable by the Agency.

Section 2424.4(a)(3) of the Authority's regulations
requires a union to support its negotiability petition with (1) a copy of the
agency's written allegation of nonnegotiability on the proposal at issue or (2)
a showing that the agency failed to respond to the union's request for such an
allegation. Independent Letterman Hospital Workers' Union and Department of
the Army, Nutrition Care, Letterman Army Medical Center, 29 FLRA 456
(1987).

The Union's petition for review is not supported by
either a written allegation of nonnegotiability from the Agency or a showing
that the Agency failed to respond to the Union's request for such an
allegation. Accordingly, the petition is dismissed without prejudice to file an
appeal if the conditions governing review are met and the Union chooses to file
such an appeal. See 5 C.F.R. § 2424.